Articles published during this year.
When an adult loses the ability to manage their own affairs, families are often confronted with urgent and life‑altering decisions. Cognitive decline, psychiatric illness, or catastrophic injury can strip a person of the legal capacity to make financial and personal choices, leaving their assets and wellbeing exposed t
Litigation is no longer the default solution for legal disputes in South Africa. The cost, complexity, and delays associated with court proceedings have made alternative dispute resolution (ADR) an increasingly attractive option for both individuals and businesses.
Alternative Dispute Resolution (ADR) provides individuals and businesses with recognised methods to resolve disputes without going through full court litigation. These processes, which include mediation, arbitration, negotiation, and expert determination, are designed to save time, reduce legal costs, and give parties
In property sales, the most contentious issues rarely surface during negotiations — they emerge after transfer, when defects are discovered and expectations collide with reality. South African law draws a clear legal distinction between latent and patent defects, and that distinction often determines who carries the co
Before a single signature is put to paper, the seller of a residential property in South Africa is legally required to answer a critical question: What do you know about the condition of the home you're selling? The answer comes in the form of a mandatory property disclosure form, and it carries legal consequences.
Signing an offer to purchase can feel like the finish line — but in legal terms, it's often just the start of a conditional waiting game. In South African property transactions, the sale agreement may include one or more suspensive conditions that must be fulfilled before the contract becomes enforceable. Until that ha
When selling a residential property in South Africa, the availability of approved building plans is not merely administrative — it forms part of the due diligence process and can directly affect the progress of a property transfer. Yet it's not uncommon for municipalities to have no formal record of the plans, even in
For years, the property industry in South Africa operated under outdated regulations that failed to meet the needs of a modern, inclusive economy. That changed with the introduction of the Property Practitioners Act 22 of 2019 — a piece of legislation that came into effect on 1 February 2022, replacing the decades-old
A recent judgment handed down by the Western Cape High Court has brought much-needed clarity to a question that estate agents, sellers, and property attorneys frequently encounter: Can a party claim commission simply because they facilitated a sale — even if they're not named in the signed sale agreement?
When buying into an exclusive development like Waterfall Estate, one question comes up time and time again: "Do I actually own the land I'm living on?" It's a fair concern — especially given that the estate operates under a 99-year leasehold model, rather than freehold title. To the unfamiliar ear, the phrase 99-year l
Under South African law, estate agents and property practitioners are held to strict compliance standards — especially when it comes to their entitlement to commission. One of the most critical of these requirements is holding a valid Fidelity Fund Certificate (FFC) at the time of performing any estate agency service.
A recent ruling by the Johannesburg High Court has reaffirmed that customary marriage in South Africa is not exempt from legal safeguards — especially when it comes to polygamy. In a case brought by a first wife, the court declared her husband's second customary marriage invalid on the grounds that he had not obtained
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